will I get in trouble?

[VanessaTony 3,567]

Nice bit of research, but I think it's totally irrelevant in this case. The OP said nothing about illegal entry. In fact, the OP said her friend was divorced just before her interview. She also said her friend's attorney was looking for an affidavit that her friend is of good moral character. If her friend never adjusted status, then the lawyer is probably filing a VAWA case for adjustment of status. If her friend did adjust status, then the lawyer is filing to lift conditions base on good faith marriage that ended in divorce (this seems likely, based on the timeline she gave). In either case, there would be zero chance of success if her friend had entered illegally. USCIS would have denied the petition without ever scheduling an interview. The opportunity for an alien to adjust status after illegal entry ended in April of 2001, when the last amnesty program ended.

Her friend was illegal because she failed to file her application in a timely fashion, and not because she entered the US illegally.

Not necessarily, as I stated in this post: http://www.visajourney.com/forums/index.ph...t&p=3641467 above WE don't know exactly what the deal is so we can't really advise so a lawyer is her best bet.

[imailin 0]

Nice bit of research, but I think it's totally irrelevant in this case. The OP said nothing about illegal entry. In fact, the OP said her friend was divorced just before her interview. She also said her friend's attorney was looking for an affidavit that her friend is of good moral character. If her friend never adjusted status, then the lawyer is probably filing a VAWA case for adjustment of status. If her friend did adjust status, then the lawyer is filing to lift conditions base on good faith marriage that ended in divorce (this seems likely, based on the timeline she gave). In either case, there would be zero chance of success if her friend had entered illegally. USCIS would have denied the petition without ever scheduling an interview. The opportunity for an alien to adjust status after illegal entry ended in April of 2001, when the last amnesty program ended.

Her friend was illegal because she failed to file her application in a timely fashion, and not because she entered the US illegally.

Thanks everyone for the advise.... I am seriously concern, I want my citizenship and I do not want to jeopardize my life. I also would love to help her....I know I wont be lying because I really know this girl for 7 years and as far as I am concern she is a good person and a good friend.... I would love to help her but I dont want to be in the middle of a legal case if they need further actions from me.... I don’t know what to do. I guess I will ask a lawyer in this case!! thanks everyone!

[JimVaPhuong 4,863]

Thanks everyone for the advise.... I am seriously concern, I want my citizenship and I do not want to jeopardize my life. I also would love to help her....I know I wont be lying because I really know this girl for 7 years and as far as I am concern she is a good person and a good friend.... I would love to help her but I dont want to be in the middle of a legal case if they need further actions from me.... I don’t know what to do. I guess I will ask a lawyer in this case!! thanks everyone!

OK, you can help us give more specific advice if you give us more specific information. There is some confusion in this thread about the status of your friend.

First, how did she enter the US? Did she enter legally with a visa, or illegally?

Second, you mentioned an interview that was scheduled, but she divorced just prior to the interview. What was the interview for? Adjustment of status? Lifting of conditions?

Third, what is the attorney now petitioning for? Adjustment of status (perhaps based on abuse)? Lifting of conditions (perhaps based on the divorce)? Or, is he just trying to block her deportation based on extreme hardship?

[freetv 7]

Firstly, I understand if you have a friend that's illegal (that it would be hard to "dob them in" that is), but you state it's very "unAmerican" to get into trouble for not reporting a crime (illegal immigration is a crime whether you like it or not) and that's just completely warped. With all the avenues for entry, for LEGAL entry, it's abhorent that you would effectively encourage illegal immigration, thus spitting in the face of anyone taking the time to do it the right way. It's because of people doing things the WRONG way that it makes it that much harder for all the honest people. These are the laws of YOUR country that you are laughing in the face of and it's a shame you have such little respect for it.

Secondly, you're wrong about it not being something to get into trouble for:

http://www4.law.cornell.edu/uscode/search/...04----000-.html

In regards to illegal immigration being a felony:

" Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

* Eludes examination or inspection by immigration officers; or

* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.".

More quotes regarding this: http://answers.yahoo.com/question/index?qi...14143232AAhD4bM

To the OP: As previously stated, seek consultation with a solicitor who will be able to advise you of whether this will create an issue for you.

----

Oh and personal pet hate, it's ETC not ECT. It's short for etcetera.

I am sorry but do you have any reading comprehension skills? I stated that there is no law requiring you to report an illegal alien. You can not get in trouble for knowing an illegal alien... its that simple. Second, I said its unAmerican for someone to get in trouble for being a friend to an illegal.... I am talking about being a FRIEND, not getting them a job, not getting them housing, not hiding them in the back while police are out front. Third I am one of those people that would be willing to walk the southern border and citizen arrest illegal border crossings. So I am in no spitting in the face of anyone (like my wife) that did it the legal way. I believe all illegals should be rounded up and deported, and the army should send troops to patrol the southern border (its great training for the middle east).

Edited January 22, 2010 by freetv

[TBoneTX 45,283]

the army should send troops to patrol the southern border.

No. Ever heard of the Posse Comitatus Act? Edited January 22, 2010 by TBoneTX

[HeatDeath 430]

No. Ever heard of the Posse Comitatus Act?

Well, we could always send the army to patrol the northern border of Mexico, on the Mexican side.

That way Posse Comitatus is preserved...

but that would almost certainly cause other problems...

[KIDDING! NOT seriously advocating the invasion of Mexico! ]

[freetv 7]

No. Ever heard of the Posse Comitatus Act?

I am well aware of that, but that doesn't mean its a bad idea. LOL

[imailin 0]

I am sorry but do you have any reading comprehension skills? I stated that there is no law requiring you to report an illegal alien. You can not get in trouble for knowing an illegal alien... its that simple. Second, I said its unAmerican for someone to get in trouble for being a friend to an illegal.... I am talking about being a FRIEND, not getting them a job, not getting them housing, not hiding them in the back while police are out front. Third I am one of those people that would be willing to walk the southern border and citizen arrest illegal border crossings. So I am in no spitting in the face of anyone (like my wife) that did it the legal way. I believe all illegals should be rounded up and deported, and the army should send troops to patrol the southern border (its great training for the middle east).

Ohhh wow! this question got out of hand... I suspect that if you are in this forum you are either married or you are yourself an individual seeking a green card.... I can’t believe what you are saying about the border and stuff... I don’t agree with illegal entry, but I do believe that you married or you are an out of status individual. That, makes you illegal in this country... will be persecute you or your spouse for it? no, you are doing the right thing, getting legalized. I just don’t want to talk about people like if they are garbage... God bless us all that we have and had the opportunity to live in this great nation. There are less fortunate people who die for freedom and live thought horrible experiences, whom seen their kids getting killed at war and have to deal with violence every day because either are not educated enough or have no other means of living.

Thanks everyone for the advise, regarding my friend she came to this country as a visitor (Visitor Visa) meet her husband, had a 4 year relationship, got married ad after the "ring" everything went down hill.... they could not even had the first interview for adjustment of status.

I will not attend court, A lawyer recommended me not to, since I am applying for the citizenship... she understood she has plenty of friends who can say she is a good person, which she is.

Thanks again

[JimVaPhuong 4,863]

Ohhh wow! this question got out of hand... I suspect that if you are in this forum you are either married or you are yourself an individual seeking a green card.... I can’t believe what you are saying about the border and stuff... I don’t agree with illegal entry, but I do believe that you married or you are an out of status individual. That, makes you illegal in this country... will be persecute you or your spouse for it? no, you are doing the right thing, getting legalized. I just don’t want to talk about people like if they are garbage... God bless us all that we have and had the opportunity to live in this great nation. There are less fortunate people who die for freedom and live thought horrible experiences, whom seen their kids getting killed at war and have to deal with violence every day because either are not educated enough or have no other means of living.

Thanks everyone for the advise, regarding my friend she came to this country as a visitor (Visitor Visa) meet her husband, had a 4 year relationship, got married ad after the "ring" everything went down hill.... they could not even had the first interview for adjustment of status.

I will not attend court, A lawyer recommended me not to, since I am applying for the citizenship... she understood she has plenty of friends who can say she is a good person, which she is.

Thanks again

Thanks for filling us in on the details. Your friend was eligible to adjust status based on the marriage, since she originally entered legally. Unless her attorney is applying based on abuse (VAWA), your friend will probably have some trouble getting her green card now. The policy of USCIS is that the eligibility to APPLY for AOS ends with divorce, but there have been some cases where the courts have determined that the law doesn't specifically require such cases to be denied (Choin v. Mukasay, for example).

The advice you got from the lawyer is "safe". If your friend has other people who can submit an affidavit on her behalf, then you should follow your lawyer's advice.